Judgment_paragraph 53 · Aslantrans AG v Commission of the European Communities (T-282/01)

53It is clear from the wording of Article 905 that repayment of import duties is subject to two cumulative conditions, namely, first, the existence of a special situation and, secondly, the absence of deception or obvious negligence on the part of the economic operator (see, to that effect, De Haan, cited above, paragraph 42, and Case T-290/97 Mehibas Dordtselaan v Commission [2000] ECR II-15 paragraph 87). Accordingly, repayment of duties must be refused if either of those conditions is not met (Case T-75/95 Günzler Aluminium v Commission [1996] ECR II-497, paragraph 54; Mehibas Dordtselaan v Commission, cited above, paragraph 87).